IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160005228 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160005228 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160005228 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the son of a former service member (FSM), requests the FSM be awarded a second Purple Heart. 2. The applicant states the FSM served in the Republic of Vietnam (RVN) and he was awarded the Purple Heart in the fall of 1970. He contends the FSM was killed in South Vietnam as a result of drowning on 19 February 1971, which warrants a second award of the Purple Heart. 3. The applicant provides a DD Form 1300 (Report of Casualty). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 28 April 1969, the FSM was inducted into the Army of the United States and served as a light weapons infantryman. 3. The FSM’s DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with service in Vietnam from 15 June 1970 to 19 February 1971 * item 40 (Wounds) – he sustained a combat wound to his right leg on 26 June 1970 4. General Orders Number 3682, issued by Headquarters, 4th Infantry Division, dated 1 July 1970, award the FSM the Purple Heart for wounds received in action on 26 June 1970. 5. General Orders Number 2572 and 2573, dated 4 March 1971, posthumously awarded the FSM the Bronze Star Medal and Army Commendation Medal. 6. The FSM’s record contains the same DD Form 1300 provided by the applicant. This form states the FSM died on 19 February 1971 in Vietnam as a result of drowning while crossing a stream. 7. On 17 March 1971, Headquarters, 23rd Infantry Division, awarded the FSM the Bronze Star Medal with “V” Device for heroism on 19 February 1971 (date of death) in connection with ground operations against a hostile force. The citation states, in part, that the FSM volunteered to walk point while his unit was fording a river. In the course of events, he was overwhelmed by the current and swept away. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Award of the Purple Heart is announced in orders. DISCUSSION: The casualty report filed in the FSM’s military record confirms the FSM died from drowning and not as a result of enemy action. Although he was performing the dangerous duties of an infantryman at the time of his death, there is no evidence showing his death occurred under circumstances that met the criteria for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005228 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005228 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2